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32 Berkeley J. Int'l L. 44 (2014)
Should ICSID Go Gangnam Style in Light of Non-Traditional Foreign Investments Including Those Spurred on by Social Media - Applying an Industry-Specific Lens to the Salini Test to Determine Article 25 Jurisdiction

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  Should ICSID Go Gangnam Style in Light

    of Non-Traditional Foreign Investments

    Including Those Spurred on by Social

 Media? Applying an Industry-Specific Lens

   to the Salini Test to Determine Article 25

                          Jurisdiction


                     Helena Jung Engfeldt*



                             INTRODUCTION

    On July 15, 2012, Korean pop artist Psy's music video Gangnam Style
was uploaded to YouTube. Three months later it had been viewed over 400
million times and five months later it had been viewed over one billion times. I
After only ten weeks online, Psy's video held the world record for most likes
on YouTube.2 The video is now the most viewed video in the history of the
Internet. 3
    The connection between Gangnam Style and economic development may
not be readily apparent; however, Psy's YouTube video provides an insightful
lesson for refining the definition of investment under Article 25 of the
Convention on the Settlement of Investment Disputes between States and


* Fellow, Berkeley Center for Law & Technology. JSD, U.C. Berkeley School of Law; BA, Uppsala
University. The author can be reached at helena.engfeldt@cal.berkeley.edu. I owe thanks to
Professor David D. Caron, Professor Andrew T. Guzman, and Professor Katerina Linos for their
guidance in writing this Article and the BJIL editing team for their helpful comments.
    1. Psy,    Oppa   Gangnar     Style,  YoUTUBE    (July   15,   2012),
http://www.YouTube.com/watch?v=9bZkp7q 19f0.
    2. Chenda Ngak, Psy 's 'Gangnam Style' Video Sets Guinness World Record For Most Likes
on YouTube, CBS NEWS (Sept. 27, 2012), http://www.cbsnews.corn8301-501465_162-57521660-
501465/psys-gangnam-style-video-sets-guinness-world-record-for-most-likes-on-YouTube/.
    3. Gangnam Style Most Watched YouTube Video Ever, ASsOCIATED PRESS, (Nov. 25, 2012),
available at http://bigstory.ap.orglarticle/gangnam-style-most-watched-youtube-video-ever.

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